POSSESSION of MARIJUANA (327 Pounds) for SALE REDUCED to CONSPIRACY to POSSESS (Class 6 Open/Misdemeanor) with PROBATION and ZERO DAYS in JAIL- State v. Mr. D (DMC No. 8653) (Maricopa County Superior Court CR2008-151152): Mr. D was an “Over the Road” trucker who was passing through Phoenix, Arizona who was stopped for an alleged safety inspection. He was also questioned by Officers and was not free to leave, and he was not read his Miranda rights. It also appears he was coerced into given consent to the search of his vehicle, in which 329 pounds of Marijuana was found. He invoked his Right to Remain Silent and he was immediately charged with Possession and Transportation of Marijuana. We spotted issues and filed Motions regarding No Reasonable Suspicion to Stop, Coerced Search, and Pre-Text stop. With negotiations with the Prosecutor, they agreed to reduce the charge down to Conspiracy to Possess (Class 6 Open/ Misdemeanor) which included Probation and zero days in jail. Mr. D was on Probation for 2 years, successfully completed his Probation and his case became a Misdemeanor. He has no Felony convictions on his records. He originally was facing mandatory Prison time.
